In recent years, there has been a surge in interest surrounding artificial intelligence (AI), and many companies are allocating significant resources towards developing AI algorithms. However, there is still uncertainty regarding the legal safeguarding of these algorithms. Is it possible to obtain a patent for an AI algorithm? The answer is not clear-cut.
What is a Patent?
A patent is a legal right granted to an inventor or assignee for a limited period of time in exchange for public disclosure of an invention. The purpose of a patent is to encourage innovation by providing inventors with the exclusive right to use, sell, and license their inventions for a certain period of time.
Can AI Algorithms be Patented?
The answer to whether AI algorithms can be patented is not straightforward. In general, software-related inventions are eligible for patent protection if they meet certain criteria. However, the United States Patent and Trademark Office (USPTO) has been hesitant to grant patents for AI algorithms due to concerns about their novelty and non-obviousness.
Novelty
To be eligible for patent protection, an invention must be new or novel. This means that it cannot have been previously disclosed or used by others before the inventor’s filing date. In the case of AI algorithms, this can be a challenge because many algorithms are built on existing software and data sets.
Non-Obviousness
In addition to being novel, an invention must also be non-obvious. This means that it cannot be obvious to someone skilled in the art of the invention. In the case of AI algorithms, this can be a challenge because many algorithms are built on existing software and data sets, making it difficult to demonstrate their non-obviousness.
Conclusion
In conclusion, while it is possible to patent an AI algorithm, the process can be challenging due to concerns about novelty and non-obviousness. Inventors should carefully consider whether their invention meets these criteria before pursuing a patent application.
